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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND FIREMEN'S INSURANCE COMPANY OF WASHINGTON, D.C., A DELAWARE CORPORATION * * * * v. * Civil No. JFM-06-3261 * KOMATSU AMERICA CORP., ET AL. * ***** MEMORANDUM

Firemen's Insurance Company of Washington, D.C., has brought this action for its own use and for the use of Salvadore Flores-Sandoval and Juan Ortiz-Portillo, who were seriously injured while working for Gaines and Company, Inc., an insured of Firemen's. Firemen's has thus far paid a total of $695,204.19 in worker's compensation benefits to Flores-Sandoval and Ortiz-Portillo, and it estimates that its potential insurance exposure to them is $2.3 million. Firemen's also asserts claims on behalf of Flores-Sandoval and Ortiz-Portillo in an additional amount of $30 million.1 Firemen's instituted the action in the Circuit Court for Baltimore City, Maryland. Defendants, various corporations and firms alleged by Firemen's to have been responsible for the accident in which Flores-Sandoval and Ortiz-Portillo were injured, removed the action to this court on the basis of the alleged diversity of citizenship of the parties. Firemen's has filed a motion to remand. The motion will be granted. It is undisputed that Firemen's and two of the defendants are Delaware corporations and

Firemen's has the exclusive right during the first two months following an award of compensation to the covered employees to institute this action on its behalf and on behalf of the employees. See Maryland Code Ann., Lab. & Empl. Art.

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Maryland Law